Utah Code
Utah Code § 76-8-311.3 (2026)
Establishment of prohibited item policy in a correctional or mental health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking
✓ current as of May 2026
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As used in this section:
"Communication device" means a device designed to receive or transmit an image, text message, email, video, location information, or voice communication, or another device that can be used to communicate electronically.
"Controlled substance" means a substance defined as a controlled substance under Title 58, Chapter 37, Controlled Substances.
"Correctional facility" means:
a facility operated by or contracting with the Department of Corrections to house an offender in either a secure or nonsecure setting;
a facility operated by a municipality or a county to house or detain an offender;
a juvenile detention facility; or
a building or grounds appurtenant to a facility or land granted to the state, municipality, or county for use as a correctional facility.
"Dangerous weapon" means the same as that term is defined in Section 76-11-101.
"Electronic cigarette product" means the same as that term is defined in Section 76-9-1101.
"Firearm" means the same as that term is defined in Section 76-11-101.
"Medicine" means a prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include a controlled substance as defined in Title 58, Chapter 37, Controlled Substances.
"Mental health facility" means the same as that term is defined in Section 26B-5-301.
"Nicotine product" means the same as that term is defined in Section 76-9-1101.
"Offender" means an individual in custody at a correctional facility.
"Secure area" means the same as that term is defined in Section 76-8-311.1.
"Tobacco product" means the same as that term is defined in Section 76-9-1101.
Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
Notwithstanding Section 53-5a-102, a correctional facility or mental health facility may prohibit a firearm, ammunition, a dangerous weapon, an implement of escape, an explosive, a controlled substance, spirituous or fermented liquor, medicine, or poison from being:
transported to or within a correctional facility or mental health facility;
sold or given away to an offender at a correctional facility or mental health facility; or
possessed by an offender or another individual at a correctional facility or mental health facility.
A correctional facility may prohibit a communication device from being:
transported within the correctional facility for the purpose of being sold to an offender in the correctional facility;
sold or given away to an offender in the correctional facility; or
possessed by an offender or another individual at the correctional facility.
It is a defense to a prosecution related to this section that the actor, in committing the act made criminal by this section with respect to:
a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy;
a correctional facility operated by a municipality, acted in conformity with the policy of the municipality;
a correctional facility operated by a county, acted in conformity with the policy of the county; or
a mental health facility, acted in conformity with the policy of the mental health facility.
Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged under Section 76-8-311.4, 76-8-311.6, 76-8-311.7, 76-8-311.8, 76-8-311.9, 76-8-311.10, or 76-8-311.11 for a violation of a policy or rule created under this section.
An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a correctional facility or a mental health facility may be punished under Section 76-15-210 or 76-15-211.
The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be charged under Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances.
Exemptions to a policy or rule created under this section may be granted for worship of Native American inmates in accordance with Section 64-13-40.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2004–2022 · leading case: Hansen v. Am. Online, Inc., 2004 UT 62 (Utah 2004).
Hansen v. Am. Online, Inc., 2004 UT 62 (Utah 2004). “§ 76-10-505.5 (prohibiting possession of firearms on school premises); id.”
State v. Holsomback, 2022 UT App 72 (Utah Ct. App. 2022). “See Utah Code Ann. § 76-8-311.3 (2) (LexisNexis 2017) (listing a 20191089-CA 12 2022 UT App 72 State v.”
State v. Wright, 2019 UT App 66 (Utah Ct. App. 2019). “See Utah Code Ann. § 76-8-311.3 (4)(d) (LexisNexis 2017).”
State v. Ochoa, 2014 UT App 296 (Utah Ct. App. 2014). “~ Utah Code Ann. § 76-8-311.3 (1)(c) (LexisNexis 2012).”
State v. Redcap, 318 P.3d 1202 (Utah Ct. App. 2014). “§ 76-8-311.3 (Supp.2005). . Redcap's motion for new trial also alleged that the prosecution had failed to turn over an interview with Witness.”
Utah Code § 76-8-311.3(2): 1 case
State v. Holsomback, 2022 UT App 72 (Utah Ct. App. 2022). “See Utah Code Ann. § 76-8-311.3 (2) (LexisNexis 2017) (listing a 20191089-CA 12 2022 UT App 72 State v.”
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